Joseph R. Brubaker
Mr. Brubaker is a member of the International section. He focuses on foreign direct investment, international trade and international dispute resolution, and his experience includes matters relating to over 75 countries.
- Foreign Direct Investment
- Corporate: Advises clients in making investments and establishing companies worldwide, and has assisted clients in Australia, Belarus, Fiji, Georgia, Hungary, Indonesia, Italy, Japan, Luxembourg, Mexico, Nigeria, Panama, the People’s Democratic Republic of Laos, Romania, Russia, Sao Tome and Principe, and Sierra Leone in the agriculture, airport, charity, education, insurance, mining, oil and gas and trading industries.
- Real Estate and Construction: Serves as counsel to clients on real estate acquisitions and construction projects in numerous nations, and has concluded transactions in Argentina, Brazil, Bulgaria, Chile, Colombia, the Democratic Republic of the Congo, Denmark, England, France, Germany, Ghana, Guatemala, Hong Kong, Italy, India, the Ivory Coast, Japan, Lithuania, Mexico, the Netherlands, Paraguay, Peru, the Philippines, Portugal, Russia, Switzerland, South Africa, Taiwan, Thailand, Turkey, Ukraine, and Zimbabwe.
- International Trade
- Goods, Services, and Capital: Serves clients on importing and exporting goods, services, and capital, and served as counsel to the People’s Republic of China in The Doha Round trade negotiations of the World Trade Organization.
- Trade Law: Advises clients on international trade law in the United States and in Europe, including export and anti-boycott regulations (EAR), international traffic in arms regulations (ITAR), customs and border patrol regulations (CBP), anti-dumping and counter-vailing duties (AD/CVD), food and drug regulations (FDA), anti-money laundering regulations (FinCEN), asset control regulations (OFAC), anti-bribery law (FCPA), and anti-terrorism law and tax implications of cross-border transactions.
- International Dispute Resolution
- Arbitration and Litigation: Serves as counsel to clients in international litigation and in international arbitration, and has represented corporations, state-owned entities, government agencies, and foreign states in international disputes, including proceedings before the World Bank, the World Trade Organization, the United States Supreme Court, the United States Courts of Appeals for the Second and Fourth Circuits, and United States District Courts in New York, Utah, Virginia, and Washington, D.C.
- Arbitral Award and Foreign Judgment Enforcement: Serves as counsel in enforcing arbitral awards and foreign country judgments, and has successfully enforced awards and judgments in New York and Utah.
- Prior Experience
- Worked at an international law firm in its offices in Washington D.C., New York, Paris, and Tokyo.
- Served as counsel to the Republic of Bulgaria, the People’s Republic of China, Republic of the Philippines, Romania and the Republic of Uzbekistan.
- Represented the International Finance Corporation, the Bank of Costa Rica and the Bank of China as well as served as counsel to financial institutions in Canada, Indonesia, Jordan, Kazakhstan, and Luxembourg.
- Adjunct Professor
- Taught courses on international law at the Catholic University, Columbus School of Law in Washington, D.C.
Recent Blog Posts
Perspective: Kirton McConkie Law Blog
- A Sporting Chance? The Court of Arbitration for Sport Regulates Arbitrator-Counsel Role Switching201010 Virginia Sports and Entertainment Law Journal 1
- Twenty-Five Years of the "Prospective Waiver" Doctrine in International Dispute Resolution: Mitsubishi’s Footnote Nineteen Comes to Life in the Eleventh Circuit201064 University of Miami Law Review 1233
- Anti-Suit Injunctions in Aid of Arbitration: the American Approach200912 International Arbitration Law Review 115
- The Judge Who Knew Too Much: Issue Conflicts in International Adjudication200826 Berkeley Journal of International Law 111
- Review: The Law and Practice of Arbitration200617 The American Review of International Arbitration 293
- March 2016Press Release
- February 2016
- Drafting International Construction Contracts2016International Construction Group, Salt Lake City, Utah
- Religious Liberty and the Middle East2016J. Reuben Clark Law Society, San Diego, CA
- International Business Transactions and the Foreign Corrupt Practices Act2016University of Utah Law School, Salt Lake City, Utah
- International Arbitration: Key Issues for Utah Businesses2016World Trade Center Utah and Utah State Bar, Salt Lake City, Utah
- The Foreign Corrupt Practices Act and International Law on Corruption2015University of Utah Law School, Salt Lake City, UT
- International Trade and Economic Sanctions2015Utah Bar Association, Salt Lake City, UT
- Religious Freedom and the Inter-American Court of Human Rights2015J. Reuben Clark Law Society, Phoenix, AZ
- ASIL-ICCA Task Force on Issue Conflicts in International Adjudication2015American Society of International Law, Washington, DC
- Drafting For A Dispute: Liability Limitation and International Arbitration2015International Section, Salt Lake City, Utah
- The Debate over Issue Conflict as a Ground for Disqualifying Arbitrators2015Institute for Transnational Arbitration and Institute for Energy Law, Houston, Texas
- The Transatlantic Trade and Investment Partnership and Investor-State Arbitration2015Brigham Young University Law School, Provo, UT
- The Impact of Trade Restrictions on Foreign Direct Investment2015University of Utah Law School, Salt Lake City, UT
- Navigating Export Control Reform2014Utah Bar Association, St. George, UT
- Understanding International Charities2014University of Utah Law School, Salt Lake City, UT
- Arbitration Clauses in International Contracts2012Utah Bar Association, Salt Lake City, UT
- Money Laundering in International Disputes2012International Disputes Group, Washington, D.C.
- Extraterritorial Garnishment and Due Process2011International Disputes Group, Washington D.C.
- International Dispute Resolution for Judges2011International Law Institute, Washington, D.C.
- The Role of the Home State in Investment Treaty Arbitration2010International Disputes Group, Washington, D.C.
- International Courts and Tribunals2009Columbia Law School, New York, NY
Brigham Young University Law School, Provo, UT
University of Cambridge, LLM, First Class Honors, 2007
Columbia Law School, JD, 2006
- Harlan Fiske Stone Scholar
- Parker School Recognition of Achievement in Foreign
and Comparative Law
University of Utah, BA, President's Scholar, 2002
- Served as a clerk at the ICC International Court of Arbitration in Paris, France.
- Utah, 2014
- Practicing International Law, 2013
- District of Columbia, 2008
- New York, 2007
Honors & Awards
- Pro Bono Award: Assisted in constitutional reform in the Arab Republic of Egypt and the Federal Democratic Republic of Nepal, focusing on equal protection, freedom of expression, separation of powers, and the political question doctrine (2010)
- Willem C. Vis International Arbitration Moot, Vienna, Austria: First Place for Claimant's Memorandum, Honorable Mention for Respondent’s Memorandum, Oral Team Semi-Finalist (2006)
- Utah Legal Elite: Corporate Counsel
- Mountain States Super Lawyers: Rising Star for International (2016)